2005 Ohio Workers’ Compensation News

2005 Ohio Workers’ Compensation News

Administrative

December, 2005

  • Our rates page lists the rates paid for workers’ compensation awards in 2006.

Court

December, 2005

  • An injured worker who received a permanent partial award can also receive temporary total compensation for the same condition, covering the same time period. Read more >>

Administrative

November, 2005

  • Governor Taft appointed William E. Mabe as the new BWC Administrator, replacing interim administrator Tina Kielmmeyer.

Court

October, 2005

  • The Supreme Court ruled that an employer cannot avoid the responsibility to pay temporary total to an employee by firing them for forgetting to list a previous job on their job application. Read more >>

Administrative

September, 2005

  • The Industrial Commission issued a new resolution, R05-1-03, which sets forth the standards the Commission will apply when deciding whether to accept appeals from Staff Hearing Officer orders. The resolution also sets forth the procedural requirements for appeals to the Commission from the Staff Hearing Officer. Resolution R05-1-03, adopted on September 1, 2005, applies to all appeals from Staff Hearing Officer decisions filed on or after September 6, 2005.

Administrative

September, 2005

  • The Industrial Commission issued a new resolution, R05-1-02, setting forth the standards and procedural requirements for filing requests for reconsideration with the Commission. Resolution R05-1-02, adopted on September 1, 2005, applies to all requests for reconsideration filed on or after September 6, 2005.

Court

August, 2005

  • The Supreme Court held that R.C. 4123.512 provides a limited appeal which can only consider the conditions addressed by the Industrial Commission order being appealed. Read more >>

Administrative

July, 2005

  • Governor Taft appointed Kevin Abrams to the Industrial Commission. Abrams’ appointment is until June 30, 2011. Abrams replaces Donna Owens, whose term had expired, as the public member of the Industrial Commission. Abrams had been the Assistant Director, Legal Operations for the Ohio Bureau of Workers’ Compensation.

Administrative

July, 2005

  • The Commission issued additional clarification of what non-attorney representatives may do. [This document is no longer available on the Commission web site.]

Administrative

June, 2005

  • Tina Kielmeyer has been appointed interim Administrator of the BWC.

Administrative

June, 2005

  • The Industrial Commission published an inter-office memo which provides guidelines for non-attorney representatives and indicates what actions non-attorney representatives can perform. [This document is no longer available on the Commission web site.]

Administrative

May, 2005

  • Due to the ongoing scandal regarding the BWC’s investment in coins, autographs, etc., James Conrad resigned as Administrator of the BWC, effective June 3, 2005.

Court

May, 2005

  • The Supreme Court ruled that the Commission cannot grant reconsideration based on a dispute over interpretation of the evidence. Read more >>

Administrative

April, 2005

  • Commission Resolution R05-1-01 modifies the continuance guidelines previously set forth in Resolution R03-1-04 and R04-1-02 and provides that a representative can request hearings not be scheduled for 20 business days per calendar year for pre-scheduled events. Read more >>

Legislation

March, 2005

  • Two bills which would cut workers’ compensation benefits for injured workers have been introduced in the legislature. Read more >>

Legislation

March, 2005

  • The House of Representatives passed the Bureau of Workers’ Compensation’s budget bill. This bill, which will now go to the Senate, would make some substantive changes to the workers’ compensation system. Read more >>

Administrative

February, 2005

  • The Commission issued an inter-office communication, dated January 6, 2005, to clarify permanent partial procedure which indicates that Staff Hearing Officers will consider medical evidence which was not on file at the District Hearing Officer Hearing only at a reconsideration hearing on an initial permanent partial application. Staff Hearing Officers cannot consider new medical evidence in cases seeking an increase in the permanent partial award.

Administrative

February, 2005

  • In response to the Supreme Court’s CompManagement decision, the Commission adopted Resolution R04-1-03 which made the standards for non-attorney conduct set out in Resolution R04-1-01 permanent.

Court

January, 2005

  • The Supreme Court ruled in the CompManagement case that non-attorneys may represent employers or claimants before the BWC and IC, as long as they comply with Industrial Commission Resolution R04-1-01. Read more >>

Court

January, 2005

  • The Supreme Court recognized that evidence that a worker has performed (or has the ability to perform) occasional activities is not evidence of an ability to perform sustained remunerative employment and does not bar permanent total. Read more >>

Administrative

January, 2005

  • Our rates page lists the rates paid for workers’ compensation awards in 2005.